Either parent may file a petition to modify a child custody order—but usually only when there is a substantial change in circumstances that affects the child (including changes in one or both of the parents’ lives) that justifies the court revisiting and possibly modifying the earlier child custody order.

The petition to modify child custody generally must be filed in the same court in which the parents’ divorce case was decided. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition to modify a child custody order.

In South Carolina, either parent has the right to petition the court to modify an existing child custody order. This can be done if there is a significant change in circumstances that impacts the welfare of the child. Such changes could include alterations in the living situation, financial status, or health of either parent, or the needs of the child. The standard for modification is whether the change materially affects the child's interests. The petition to modify custody should typically be filed in the same court where the original divorce and custody determination took place. However, if the child has since moved and now resides in a different county or state, the petition may need to be filed in the jurisdiction where the child currently lives, assuming that jurisdiction has become the child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is a uniform state law that South Carolina has adopted, which helps determine the proper jurisdiction for child custody cases.